OROP - One Rank One Pension - Supreme Court of India petition
dated 01-05-2019
ITEM NO.1
COURT NO.9
SECTION X
SUPREME COURT OF INDIA
RECORD OF
PROCEEDINGS
Writ Petition(s)(Civil) No(s). 419/2016
INDIAN EX SERVICEMEN MOVEMENT & ORS.
Petitioner(s)
VERSUS
UNION OF INDIA & ORS.
Respondent(s)
(WITH IA 33253/2017 FOR AMENDMENT OF WRIT PETITION)
Date : 01-05-2019 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MR. JUSTICE HEMANT GUPTA
For Petitioner(s)
Mr. Huzefa Ahmadi, Sr. Adv.
Mr. Balaji Srinivasan, AOR
Mr. Arunava Mukherjee, Adv.
Mr. Rohan Sharma, Adv.
Mr. Siddhant Kohli, Adv.
Ms. Pallavi Sengupta, Adv.
Ms. Garima Jain, Adv.
Mr. Abhishek Bharti, Adv.
Ms. Pratiksha Mishra, Adv.
Ms. Srishti Govil, Adv.
Ms. Vaishnavi Subranmanyam, Adv.
Mr. Rohitash Kr. Sharma, Adv.
For Respondent(s)
Mr. Rana Mukherjee, Sr. Adv.
Ms. Priyanka Das, Adv.
Mr. Charanya L. Kumaran, Adv.
Mr. A.K. Sharma, Adv.
Ms. Sheena Taqui, Adv.
Ms. Kanika Sharma, Adv.
Mr. Mukesh Kumar Maroria, AOR
UPON hearing the counsel the Court made the following
ORDER
During the course of the hearing, the principal submission of the
petitioners is that the recommendation of the Koshyari Committee for
thegrant of One Rank One Pension (OROP) was endorsed by the Budgetary
Speech of the Finance Minister on 17 February 2014 and by the Minister
of Defence on 26 February 2014, following which the Controller General
of Defence Accounts was directed to work out modalities. This was
further re-affirmed on 10 July 2014 by the Finance Minister and on 2
December 2014 by the Minister of State for Defence. However, the Union
government, on 7 November 2015, while implementing OROP adopted a
modified definition of the expression under which the gap between the
rates of pension of current and past pensioners would be bridged
at“periodic intervals”.
The petitioners have highlighted specifically three aspects of the
anomalies which have arisen. They are summarised in a written note of
submissions tendered before the Court, which is extracted below:
“(i) Fixation of Pension on calendar year of 2013 instead of FY of
2014: Fixation of pension as per calendar year 2013 would result in
past retirees (pre 2014) getting less pension of one increment than
the soldier retiring after 2014.
(ii) Fixation of pension as mean of Min and Max pension: Fixing
pension as mean of Min and Max pension of 2013 would result different
pensions for the same ranks and same length of service and the past
retiree would get 1.5 increment lesser on account of such fixation.
For example, if 8(i) and (ii) are implemented, two soldiers who have
served for same length of years, holding the same rank will draw
different pension. A Sepoy (Group Y) who retired prior to 31 Dec 2013
will get Rs.6665 p.m. and another Sepoy (Group Y) who retired on and
after 1 Jan 2014 would get Rs 7605 p.m. Further, on account of such
implementation, a higher rank Naik soldier who retired before 31 Dec
2013 would draw a lesser pension of Rs.7170p.m., than a junior rank
Sepoy who retired after 1 Jan 2014 as his pension would be Rs.7605.
This fact is illustrated by a tabular chart which is enclosed. (See
Pg.1, CC).
Therefore, implementation of this new definition of OROP defeats the
very principle of OROP by creating a class within a class of the same
officers, which in practice tantamounts to one rank different
pensions. This is also contrary to the judgment by this Hon’ble Court
in Union of India v SPS Vains, (2008) 9 SCC 125.
Another fallacy in the new definition of OROP which detracts from the
principle of OROP is:
(iii) Pension Equalization every five years:
It is submitted that Pension equalization every five years would
result in the grave disadvantage to the past retirees.”
Certain concrete examples have been indicated in charts which are
annexed to the note submitted before this Court by Mr Huzefa Ahmadi,
learned senior counsel appearing on behalf of the petitioners.
At this stage, we are of the considered view that it would be
appropriate if the Union government scrutinizes the grievances which
are placed before the Court in the above note. It would be appropriate
and in the interest of justice if these concerns, which have been
expressed on behalf of personnel, who have served the nation as
members of the Armed Forces of the Union before retirement, are duly
considered by the Union government at an appropriate level.
We would expect the government to seriously consider the grievances
and to determine whether and, if so, to what extent, justice canbe
provided for the satisfaction of all concerned.
List the Writ Petition on 6 August 2019.
(SANJAY KUMAR-I)
AR-CUM-PS
(SAROJ KUMARI GAUR)
COURT MASTER
Source:
SCI
